Subject Officer – Constable Brian Taylor

 

 

SIU Investigative Conclusion:

“With the police now on scene things moved very quickly - at 10:23:30 is when the GPS in the subject officer’s vehicle arrives at the scene okay, at 10:23:30 he then sees that Michael turns and looks directly at the police vehicle which are now stopped in front of him, as he is still on the porch. - the subject officer exit his vehicle and was making his way around the rear drivers side when he was confronted by Mr MacIsaac moving in his direction.  He does not have his gun drawn yet when he sees Michael, that’s when he pulls his gun - Fearing an imminent attack, the officer drew his firearm, pointed it at Mr. McIsaac and ordered him to stop and drop the weapon.  Mr. McIsaac continued to advance towards the officers, prompting the officer to shoot twice.”

“At that point the officer says that he begins to issue commands to Michael to stop, drop the weapon, these types of things.  Civilian witnesses say that they hear both of them communicate, yelling at each other, saying something.  But the civilian witnesses do not say what they hear Michael saying.  Okay.  The officer says that Michael says “come at me, come get me”.” 

 

Ron Nino:  Dec. 13, 2013

Ron Nino:                            PERRY, David:     M’hmm. Was Michael saying anything?

NINO, Ron:                         I didn’t hear nothing.

PERRY, David:                  No.

NINO, Ron:                         He was, he was banging on my window, that was the last thing that I heard, was him yelling at me--

Insert Ron Nino clip … 15:45 – 20:17 & Pausak recording – you do not hear Michael or PC Taylor say anything

 

He says, that being the subject officer, that seeing Mr. McIsaac approaching him, he thought that “ he was going to get his head pummeled in.”  When after ordering him, Mr. McIsaac, to stop and drop his weapon, Mr. McIsaac moved menacingly to within striking distance. 

 

 

RON Nino RE:  his 911 call

NINO, Ron:                                        I think as far as timelines and, like I really think that nine-one-one (911) call, the fact that I was on the phone with her right up until they shot him, I think you’re going to get timelines and and it was almost a play by play, I think.

NINO, Ron:                                        You know, I don’t really remember what I said, but I’m pretty sure I was giving her a play by play on what was--

PERRY, David:                                   Right.

NINO, Ron:                                        --going on.

 

FORENSIC SCIENCE SERVICES, INC.  S. Pausak, Ph.D.

Reference:   Forensic audio enhancement, gun-shot sound analysis

10:23:27                               C?: Car Horn – 5 times

10:23:30                               Unknown: “hey Sir pull back”

10:23:34                               C:  “He’s got a weapon, he’s got a table in his hand”

10:23:38.5            Possible gunshot sound overlapping with “t” from “shit”

10”23:39.3           Possible gunshot sound right before “oh” from “Oh god” uttered by caller

 

So as Michael moves towards the officer, the officer fires one shot.  The first shot actually strikes Michael in his right shoulder.

 

The officer suggests he fired once and noticing no apparent effect on Mr. McIsaac, and believing he might have missed his target, shot again.  Once he was closer, within that 5 to 7 feet, the officer stepped back and fired a second shot.  As the officer stepped back, a second shot struck Michael in his abdomen.

Ballistic:

 

“Experts” often cite that spent cartridge case ejection locations from a semi-automatic firearm (Glock 40 – 23) indicate the location of the shooter based on the assumption that MOST spent cartridge cases land to the right and rear of the shooter … between 4 – 5 o’clock.  And typically eject 6-8 feet .. 10 at the most.

 

 

 

 

 

Cst. Brian Taylor at time of shots as placed by his SIU, OIPRD and FOI statements.  Also, by Ron Nino

 

Cst. Brian Taylor 15 seconds after shots fired as seen in video taken by Ron Nino 

 

AFTER Shots (15 sec.)

CST Jeff Williams

CST Mark Brown

               

 

 

Ron Nino

 

 

Bullet Casings

 

 

Blood / Location where Michael collapsed after being shot

 

 

#1 Witness Officer: CST Jeff Williams

#2 Witness Officer: CST Mark Brown

 

 

Where We Place Michael @ Time of shots

 

 

Where Table Was Dropped

 

 

Garden ROCK

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

OIPRD Statement

 

 

 

 

PC Taylor indicates in his FOI statement that when he arrived he could only see Michael from waist up but could “hear the sound of metal striking metal … or masonry” … Could this indicate that Michael WAS still on the porch of 7 Dring and striking the metal door with the wrought iron table legs?

 

 

 

FOI / DRP General Occurrence Report

 

PC Taylor (#619)

  1. Claims that he communicated the following TO Michael:

    1. “Issued commands” stop, drop weapon, those types of things.  (SIU)

    2. Drew his pistol and issued the police challenge, “Police! Don’t Move!”

“Drop it! Get on the Ground!  Drop it! Get on the Ground!”

The Affected Person made no attempt to comply with the commands being given to him.  (OIPRD)

  1. “drew my service issued Glock. I pointed it at the male and issued the Police challenge?  “Police Don’t Move”.  Subsequent demands were issued to drop the weapon and for the male to get on the ground.”  (FOI / DRP General Occurrence Report)

  1. Claims that Michael communicated the following TO PC Taylor (#619)

    1. Michael says “come at me, come get me”.  (SIU)

    2. The Affected person was Shouting at Constable Taylor, “Come on! Come on!” multiple times (OIPRD)

    3. The Male was screaming “Come on. Come on.”  (FOI / DRP General Occurrence Report)

The 911 call that was recorded during the complete 8 ½ second “interaction” between Michael and the Subject officer – which has been independently analysed by a Forensic Scientist – clearly proves that Constable Brian Taylor did NOT say Anything to Michael before he shot him.  No “Police Challenge”, NO Commands” … NOTHING.

Use of force must be reasonable and justified

       SIU

And that’s what I’m saying to you, a lot of your concern lies within the core training of police officers in Ontario right?  And from our perspective as the agency that we are, if an officer operates within that training that they receive, what they have been taught to do.  We cannot find that officer criminally wrong.

Are police officers not trained to issue “commands” and the “police challenge” BEFORE opening fire on a citizen who is outside naked in December - Obviously in a Crisis?  

If they are … then Cst. Brian Taylor did NOT follow his training, and the SIU should have found him criminally responsible for Michael’s death.

Was PC Taylor simply afraid and immediately shot Michael twice – with no attempt at de-escalation?  Are police not trained in de-escalation techniques, particularly when dealing with a person in a mental health crisis?  We claim PC Taylor was acting in an unthinking and impulsive manner and falsely perceived Michael as a threat.

Don’t “de-escalation techniques” require a police officer to at least communicate in all conflict situations before considering other use of force options?   PC Taylor moved from arrival to firearm within seconds – with no time to even assess the situation or plan for the most reasonable option.

 

 

Not only does the 911 call prove PC Taylor did not even attempt to communicate with Michael - it also proves that Michael did NOT say ANYTHING to PC Taylor.  We also have Ron Nino’s statement indicating that he did not hear Michael say anything AFTER the officer arrived on scene.

The SIU explained to us that the “fact” that Michael was yelling at the officer was important … because  “the evidence is important because it lends credence to the officer’s fear at the time he discharged his firearm.  Put simply, Mr. McIsaac was perceived as a real threat”.  

If the SIU had taken the time to listen to the 911 call and have it analysed they would have realised that there was noting that occurred after PC Taylor arrived on scene that would lend credence to his fear at the time he discharged his weapon.

As a result of his training PC Taylor knew the difference between a potential threat and an imminent threat –  and eye witness testimony plus the 911 audio from Ron Nino is powerful evidence that not only was Michael not an “imminent” threat but that what PC Taylor said occurred did not!

Also, please consider that the entire “interaction” between Michael and Cst. Brian Taylor was 8 ½ seconds …. For Brian Taylor to react he HAD to follow a process, both mental and physical as you would expect there to be some investment of time before you make the decision to take a life.  There must be some time required to process the information and make a mental decision to just draw a firearm … let alone draw and discharge a firearm.